HomeMy Public PortalAbout00732 O R D I N A N C E NO. 732
AN ORDINANCE to provide for the connection of buildings
with improper sewage facilities to public sewers and to make
certain repairs to private sewers with District forces and to
insure the District of repayment therefor by authorizing the
filing of a lien on such property.
WHEREAS, the District has found that there are many
buildings within its boundaries which have leaking or failing
septic tanks, sanitary lines which connect into storm sewers or
discharge on the open ground, broken or improper sanitary sewers,
and other improper sewage facilities which constitute a public
nuisance and are detrimental to the health of the residents of the
adjacent areas and the citizens of the District; and
WHEREAS, it is frequently impossible or impractical to
force the owner of such property to repair such sewers or to make
a connection of such improper sewer facilities to a public sewer
when such public sewer is available, within the definitions as set
forth in District ordinances; and
WHEREAS, it is desirable for the District, in such
cases, to make such repairs or to make such connections to public
sewers with its own forces and to assess the cost against such
property;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One.It is hereby found, determined and declared
to be that leaking or failing septic tanks, sanitary lines which
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connect into storm sewers or discharge on the open ground, broken
or improper sanitary sewers, and other improper sewage facilities
are and constitute a public nuisance per se and are detrimental
and dangerous to the health of the residents of the adjacent areas
and the citizens of this District and should be abated.
Section Two. Whenever the Executive Director or his
authorized representative makes a determination, in writing, that
any building has improper sewage facilities, which facilities are
creating a public nuisance and the use thereof is a menace to the
public health of the citizens of The Metropolitan St. Louis Sewer
District as set forth in Section One hereof, he shall send a
notice to the owner of such premises or his agent, by mail,
informing him of such condition and permitting him a period of
thirty (30) days after the date of such notice to correct such
condition by making repairs or making such connection to a public
sewer, which period of time may be extended at the discretion of
the Executive Director or his authorized representative; or to
appear before the Executive Director or such representative on the
day and hour specified in such notice, which time shall be after
the expiration of such thirty day period, and then and there show
cause why the District should not make such repairs or make such
connection with its own forces and the cost thereof assessed as a
tax against the property for which such work is done.
Section Three. If such repairs or such connection is
not made, then at the hearing which is held regarding the repair
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or construction of such sewer or within ten (10) days thereafter,
the Executive Director or his authorized representative shall make
his decision regarding such work. If, in his opinion, the owner
or agent has failed to show cause why such repair or construction
should not be made, he shall direct the Chief of Maintenance to
estimate the probable cost of such work, and, if such estimated
cost does not exceed Five Thousand Dollars ($5,000.00), to cause
such work to be done under his direction and to his satisfaction,
and an accurate account kept of the cost of all labor, including
supervision, and material entering into such work.
Section Four. Should the owner or agent as aforesaid be
dissatisfied with the decision or order of the Executive Director
or his authorized representative, he may appeal such decision or
order to the Board of Trustees of this District by filing a
written notice of appeal, which shall be served on the Executive
Director within ten (10) days after such decision or order has
been given. The Board of Trustees will then set the matter down
for hearing within thirty (30) days. Should the Board, after a
full and complete hearing, uphold the decision of the Executive
Director or his authorized representative, then the Executive
Director or his authorized representative may proceed as set forth
in Section Three and the other sections of this ordinance. Should
the owner or agent be still dissatisfied, he may appeal from such
order or decision as set forth in Section 12.110 of the Plan of
the District, except that the proceedings upon such order as
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appealed from the decision of the Board shall not be stayed unless
a restraining order shall be granted by a court of complete
jurisdiction.
Section Five. The expense incurred by the District for
labor (including supervision) and materials employed in the work
done in such private property or in any easement or street or
public property necessary for such repair or connection, under the
authority of the Executive Director or his authorized
representative and under the preceding Sections, shall be charged
as a lien against the property for which such work is done.
Section Six. Upon completion of such work as authorized
by the Executive Director or his authorized representative under
authority of the preceding Sections, the Chief of Maintenance
shall cause the total cost of such work to be determined and
certify the same to the Executive Director or his authorized
representative. Upon the approval of such report by the Executive
Director or his authorized representative the report, with such
approval endorsed thereon, shall be transmitted to the person
designated by the Executive Director to prepare special liens, who
shall assess the same as a special lien against each lot or ground
chargeable therewith in the name of the owner thereof. Such
assessments shall become a lien upon the property charged
therewith upon filing with the Recorder of Deeds of the City of
St. Louis or the Recorder of Deeds of St. Louis County, as the
case may be. Such assessments and liens may be collected by suit
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or other proceedings in any court of competent jurisdiction.
The foregoing Ordinance was adopted April 28, 1962.